Enforcement Action: Exclusions

3.  Section 28(1) to (4) of the Act shall not apply in the following circumstances:

(a)where the enforcement action is required urgently, or in the opinion of the enforcing authority is required urgently, to avoid a significant risk of harm to human health or the environment (including the health of animals or plants) or the financial interests of consumers;

(b)where the enforcement action is the service of a notice referred to in Article 2(1)(d) or (e);

(c)where the application of section 28(1) to (4) of the Act would be, or in the opinion of the enforcing authority would be, wholly disproportionate.